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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Child Arrangement Order until 16?

11 replies

DoingItForTheKid · 12/04/2021 00:30

Would a child arrangement order, which would specify supervision due to alcoholism, last until age 16 or would it be reviewed every year in case of improvement?

It would be safer for DD (12) if I stayed in the marriage rather than her have to be alone with STBXH in a few years time.

I had 30 mins with a solicitor but need clarity on this before proceeding.

OP posts:
moochingtothepub · 12/04/2021 00:43

Generally supervision is revised if circumstances change. Eg if he stops drinking and sorts himself out then he might get permission to have visits unsupervised, initially they often stipulate in a public place so can take dc to McDonald's or whatever. We run a child contact centre and most parents do graduate to unsupervised

HarrietHardy · 12/04/2021 01:00

My barking ExH employed a barrister once, at great expense to himself, to seek a contact order (which he had no intention of keeping) in order to impress his new gf.

The barrister asked to meet with me privately at the court, at was quite candid that the age at which the DC could 'vote with their feet' (her words) and at which there would be nothing the court could or would do about it should the DC express their wishes, was normally around 13.

She clearly loathed her client, as did I; but I'm sure as a family court barrister she knew her stuff regarding the law and the court system.

So, I guess it maybe boils down to, what does your DC want? Is she able to write a letter about her genuine wishes, independently of any submissions you make about her safety and well-being?

DoingItForTheKid · 12/04/2021 15:38

Thank you both @moochingtothepub @HarrietHardy

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Lonecatwithkitten · 13/04/2021 01:57

Like @HarrietHardy I was advised by both social services and my solicitor that it would be highly unlikely that a court would go against the wishes of a 13 year old. Court is slow and even slower currently. It is really quite likely that your DD will be 13 by the time the court made a final ruling.

DoingItForTheKid · 13/04/2021 17:28

@Lonecatwithkittenthank you, that is so reassuring.

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NSA2103 · 17/04/2021 12:31

I have just had final hearing, to get a shared lives with order. I absolutely concur with the "they'll vote with their feet" concept. This was exactly what my legal team talked about.
I wish you well.

DoingItForTheKid · 17/04/2021 18:27

@NSA2103 thank you. Do you mean that no-one will force a child to be with a parent they don't feel safe with?

DD is adamant she doesn't want to be alone with alcholic dad.

OP posts:
HarrietHardy · 17/04/2021 18:38

[quote DoingItForTheKid]@NSA2103 thank you. Do you mean that no-one will force a child to be with a parent they don't feel safe with?

DD is adamant she doesn't want to be alone with alcholic dad.[/quote]
That's exactly what it means, if your daughter is able to express her wishes to the court. Mine wrote a letter, in her own style and handwriting. I wasn't in the room when she wrote it.

It's about telling the truth.

Can you get witness statements (letters) from others?

Aprilshowersandhail · 17/04/2021 19:05

At 12 my ds went nc with his df despite a court order in place that actually favoured exh. He didn't seek court intervention.. Nor even text me about it either!!

ForThePurposeOfTheTape · 17/04/2021 19:08

[quote DoingItForTheKid]@NSA2103 thank you. Do you mean that no-one will force a child to be with a parent they don't feel safe with?

DD is adamant she doesn't want to be alone with alcholic dad.[/quote]
She's old enough to have her wishes respected. If she doesn't want to go then she doesn't have to go.

NSA2103 · 17/04/2021 20:33

Absolutely. I'm not a family lawyer, but 13-14 year olds start to know what they want, and the court would normally have to consider their view.

Is dad getting help with the alcohol? Does he want to get better? It must be very hard on DD (and you). My ex is an alcoholic in denial, but she's not crashing cars or putting kids at risk. I do worry, but I also respect her right to have time with our children. It's just a pity she does not respect me in the same way!

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